The Statute of Limitations for Personal Injury Claims
What is the Statute of Limitations?
The statute of limitations is a law that sets a time limit for filing a lawsuit. If you do not file your lawsuit within the statute of limitations, your case will be dismissed.
How Long Do I Have to File a Personal Injury Claim?
The statute of limitations for personal injury claims varies from state to state. In general, the statute of limitations for personal injury claims is two to four years from the date of the injury. However, there are some exceptions to this rule. For example, the statute of limitations for medical malpractice claims is typically shorter, and the statute of limitations for wrongful death claims is even shorter.
Statute of Limitations in New York State
The time allowances for the Statute of Limitations in New York State vary depending on the type of case. Here are some examples:
- Negligence Cases: Three years
- Medical Malpractice Cases: Two years and six months
- Municipal Cases: Shorter times apply depending upon the case and jurisdiction and include a 90-day Notice of Claim deadline
Why is the Statute of Limitations Important for me to Know When it Comes to My Case?
The statute of limitations is important for you to know when it comes to your case because it sets a deadline for filing a lawsuit. If you do not file your lawsuit within the statute of limitations, your case will be dismissed.
Here are some reasons why the statute of limitations is important for you to know:
- It helps you to know when you need to file your lawsuit.
- It prevents you from filing a lawsuit too late.
- It protects the defendant from being sued after too much time has passed.
- It provides certainty to the parties involved in a lawsuit.
Here are some tips for avoiding the statute of limitations:
- Get medical attention as soon as possible after the injury.
- Keep a record of all medical expenses.
- Save all documentation related to the injury, such as police reports, witness statements, and insurance records.
- Do not delay in contacting an attorney.
By following these tips, you can help to ensure that you do not miss the deadline to file your personal injury claim.
Here are Some Exceptions to the Statute of Limitations for Personal Injury Claims:
- The injury was caused by the intentional act of another person.
- The injury was not discovered until after the statute of limitations had expired.
- The injured person was a minor when the injury occurred.
- The injured person was under a legal disability when the injury occurred.
- The statute of limitations was tolled (suspended) for some reason, such as if the injured person was unable to file a lawsuit due to illness or incapacity.
Contact the White Plains Personal Injury Lawyers at Worby Vecchio Edelman
If you have been injured in an accident, it is important to speak with an attorney as soon as possible to discuss your legal rights. A personal injury lawyer can help you determine whether you have a valid claim and whether the statute of limitations has expired. Here at Worby Vecchio Edelman, we are happy to answer any question you have if you or anyone you know is ever injured as a result of someone's negligence. Remember, there is never a fee unless we are successful!
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Worby Vecchio Edelman, LLP
Suffering a personal injury on the job, in a medical facility, at home, or in public can be emotionally and physically devastating. The personal injury lawyers at Worby Vecchio Edelman, LLP in White Plains, New York, can handle virtually any type of personal injury claim, including construction and workplace accidents, motor vehicle accidents, and pedestrian accidents.